Contested Matter | Practical Law

Contested Matter | Practical Law

Contested Matter

Contested Matter

Practical Law Glossary Item 3-618-1333 (Approx. 2 pages)

Glossary

Contested Matter

In bankruptcy, any dispute not qualifying as an adversary proceeding under Rule 7001 of the Federal Rules of Bankruptcy Procedure (Fed. R. Bankr. P. 9014). A contested matter is initiated by a party in interest, including a debtor, filing a motion requesting relief (rather than a complaint) in the context of a main bankruptcy proceeding. When a party objects to the motion the matter is considered contested.
Final resolution of a contested matter can be accomplished through a hearing or even a trial, after reasonable notice to and service on interested parties. A contested matter can involve discovery in accordance with many of the Federal Rules of Civil Procedure, made applicable to contested matters by Rule 9014(c) of the Federal Rules of Bankruptcy Procedure.